INSIGHTS


Q3 • 2023


05


Q: If we do business in other states, how does that aff ect copyrights and


trademarks?


Fortunately, copyright protection applies across the USA, regardless of the states in which you do business. If you’d like to register a copyright in the USA, the US Copyright Office is where to properly register your copyrighted work.


Trademarks can be registered with any states in which your business operates by filing a trademark registration directly with those states. Each state can grant trademark protection within its boundaries. If you operate in only one state, then, in general, your only option is to register your trademark with that state. If you operate across state lines, then you can apply for a federal trademark registration with the US Patent and Trademark Office, which will give you protection across the entire United States.


Q: Can logos, logomarks, or symbols be trademarked? How would this


protect them?


Yes, yes, and yes—logos, logomarks, and symbols can all be registered, and you can apply for registration if your trademarks are:  unique and distinctive (i.e., can help consumers tell a company apart from others),  being used in commerce (or soon-to-be used in commerce), and


 not “confusingly similar” to other registered trademarks.


A trademark registration is useful because it does the following:


 It provides the owner with exclusive rights to use the registered mark in connection with the goods or services specified in the registration. It gives legal protection and can prevent others from using a similar mark that may cause confusion among consumers.


 It gives the owner the ability to enforce their rights throughout the USA (if filed with the US Trademark Office) or state of registration.


 It creates a public record of the owner’s rights, meaning that others conducting a trademark search should be aware of your mark’s existence, reducing the likelihood of unintentional infringement.


 It allows the owner to file a lawsuit in federal court to enforce their rights and seek damages against infringers.


 It allows the owner to use the ® symbol next to the mark (provided that certain additional requirements are met), which acts as a deterrent against infringement.


 It is an intangible asset that can add value to a business. It can contribute to the brand’s goodwill and reputation, making it more attractive to investors, potential buyers, and licensing opportunities.


Q: Many people and brands have catchphrases—such as a jingle that gets stuck in your head! Can a slogan or a catchphrase be trademarked or


copyrighted?


Yes, and yes! Jingles can be protected through both trademark and copyright law. Jingles that are unique and distinctive


can be registered with the US Patent and Trademark Office by the business that uses it. Jingles are also subject to copyright. Here, it’s important to understand that copyrights, by default, go to the creators (e.g., the lyricists, musicians). Make sure your company either obtains those rights or licenses them from the creators before using it.


Q: Should a slogan, logo, symbol, etc. be registered to use it on merchandise


that you will sell or give away?


A business may be able to use its slogans, logos, symbols, etc. without registering them first. However, be warned that it is important to first ensure that using them will not infringe on another’s trademark rights or copyrights. It is also important to understand that, without a registration, there can be little recourse if another company begins to use a similar trademark. ■


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